Saturday, November 3, 2012

Plaintiffs' reply to NFL motion to dismiss in case about concussions

Torts Today is reporting that the plaintiffs have responded to the NFL’s motion to dismiss in the case related to the injuries related to concussions, arguing that they deserve to have their day in court. According to the report, "[t]he plaintiffs used this as another attempt to convince Judge Brody, and the public, that their claims have nothing to do with the collective bargaining agreements. At the heart of the preemption issue, the plaintiffs have to show that their purported state-law claims are not substantially dependent upon or
inextricably intertwined with the terms of the CBAs. (This is legal jargon meaning that Judge Brody can toss aside the CBAs and adjudicate the players’ claims without resort to the players’ contracts.)" Go here for the full report.